Anne Heish’s will, or lack thereof, continues to cause tension between relatives. According to court documents obtained by People magazine, Hash’s older son, Homer Laffen, filed a nine-page addendum to his previous petition to take control of his mother’s estate.
The 20-year-old claims his mother’s ex-husband, James Tupper, 57, has been interfering with his attempts to communicate with his 13-year-old half-brother since Hash’s death in August.
Homer also claims in the lawsuit that the 2011 document, which Tupper considers to be a will and which he claims named him as administrator of Heish’s estate, is invalid because the signature on the document does not belong to Ann and not witnessed by two witnesses as required by law.
According to the filing Tuesday: “Mr. Tupper repeatedly refers to the email attached to the objection as a ‘will’. However, as a matter of law, it cannot qualify as either a holographic will or a formal witnessed will”the document says.
“It does not meet the legal requirements for a valid holographic will because the essential provisions of the purported will were not handwritten by the deceased. A will is valid as a holographic will, whether or not it is notarized, if the signature and essential provisions are handwritten by the testator .”
The application continues: “The electronic letter presented to the Court as the deceased’s ‘will’ by Mr. Tupper does not meet the requirements of a valid holographic will because the signature and essential provisions were not handwritten by the deceased. It does not meet the legal requirements for a valid official a will because the email was not signed by the deceased and there were no two witnesses who signed the document during the deceased’s lifetime.”
The document also states that without a proper will “there can be no appointment of executor” or chosen executor in principle. That role is important because the executor is “appointed to manage the estate under a valid will,” according to the legal documents.
Homer also called several of Tupper’s own previously filed objections to the 20-year-old’s “fitness” to manage his mother’s estate, including claims that Homer was “estranged” from his mother at the time of her death – “inaccurate and unfounded”.
On August 5, Heish was involved in a car accident, after which she was transported to a hospital in the Los Angeles area. The actress suffered multiple injuries from the accident, and two days later People magazine confirmed that she was in a coma and “not regaining consciousness” after the crash.
On August 12, the state of California declared Heche legally dead, but she remained on life support temporarily so her organs could be donated. On Aug. 14, her rep confirmed to People that she had been taken off life support.